Madras High Court
CRL OP(MD)/23390/2026 of Subash Vs State Of Tamilnadu Rep By In on 13 October 2026
CRL OP(MD) No. 23390 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23390 of 2026
CNR:{HCMD011437202026}
Subash
S/o. Sangathevar,
No.5/162/1 South Street,
K.Kamatchipuram,
Aundipatti,
Rajathani,
Theni District.
..Petitioner(s)
Vs
State Of Tamilnadu Rep By Inspector Of Police, Gandamanur FRO
Gandamanur,
Theni District.
(Crime No. 6 of 2026)
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to set aside the return docket order dated 22.09.2026 in CA
No. 380 of 2026 passed by the learned Judicial Magistrate, Andipatti and direct the Learned Judicial Magistrate, Andipatti to take the Copy Application on file and issue a direction to the respondent police to forthwith submit the FIR in Crime No.6 of 2026 before the Court, enabling the issuance of certified copies to the petitioner and pass such further or other orders.
For Petitioner(s):
M/s.P.Praveenkumar
For Respondent(s):
M/S.B.Arun,
Government Advocate (crl.side)
CRL OP(MD) No. 23390 of 2026
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ORDER
The present petition has been filed by Accused No. 1 in Crime No. 6 of 2026 on the file of the respondent, seeking to set aside the return docket order dated 22.09.2026 in C.A. No. 380 of 2026 and to direct the respondent to forthwith submit the FIR in Crime No. 6 of 2026 before the court concerned.
2. The petitioner is the first accused in the aforesaid case, which was registered under the Forest Act. On 18.09.2026, the petitioner filed a copy application seeking copies of the FIR, statement, ‘H’ Form and ‘A’ Form. However, the learned Judicial Magistrate, Aundipatti, returned the application on the ground that the court had not yet received a copy of the FIR.
3. The learned Counsel appearing for the respondent produced a copy of the FIR in WLOR No. 6 of 2026, dated 23.06.2026, stating that the FIR had been filed before the learned Judicial Magistrate, Aundipatti, on 23.06.2026. The Court seal is also found on the respondent’s office copy of the FIR.
CRL OP(MD) No. 23390 of 2026
4. In such view of the matter, the impugned order returning the copy application is hereby set aside. The learned Judicial Magistrate, Aundipatti, is directed to comply with the copy application filed by the petitioner herein within a period of one week from the date of receipt of a copy of this order.
5. With the said observations, this Criminal Original Petition is allowed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn Note: Registry is directed to return the original copy application to the learned Counsel for the petitioner. To:
1. The Judicial Magistrate, Aundipatti.
2. The Inspector of Police, Gandamanur FRO, Gandamanur, Theni District. (Crime No. 6 of 2026)
CRL OP(MD) No. 23390 of 2026 R.VIJAYAKUMAR, J. gvn CRL OP(MD) No. 23390 of 2026 13-10-2026